11th Circuit Rules Teacher Who Choked Student Did Not Violate Civil Rights
The U.S. Court of Appeals for the 11th Circuit upheld a grant of summary judgment that held a teacher who choked an eighth-grade boy did not violate the 14-year-old's civil rights because her action did not constitute unconstitutionally excessive corporal punishment, according to the Fulton County Daily Report.
The three judge panel noted that the record was unclear as to the extent to which the teacher choked the student, although police observed blue and red bruises as well as a scratch on his neck. The opinion noted that "given that the extent of the student's injury was no worse than that suffered under more traditional forms of corporal punishment like paddling, we conclude the amount of force used here was reasonably related to the need for punishment."
The plaintiff plans on appealing.